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One Insurer, Several Companies, and the Rule for Good Drivers

Quick answerIf you qualify as a good driver, yes. Insurance Code 1861.16 says an agent or representative for insurers under common ownership, management or control must offer, and the insurer must sell, a Good Driver Discount policy from whichever company in that group offers the lowest rates for that coverage, regardless of the companies' underwriting guidelines. Groups the Commissioner finds genuinely independent are exempt.

One brand on the advert can stand for several legal companies behind it, each with its own filed rates. A good driver quoted by the pricier company in a group may not know a cheaper sister company exists. California's Insurance Code addresses exactly that.

Why would one group run several companies? Each company files its own rates and rules with the Department of Insurance, and a group may use them for different kinds of drivers or different ways of selling. That is lawful. What the statute stops is a good driver being left in the dearer one without being offered the cheaper one.

Who qualifies

The rule protects a good driver, meaning someone who meets the criteria in Insurance Code section 1861.025: three years licensed, no more than one violation point, no principally-at-fault injury accident in three years, and no DUI in ten. It applies to the person quoting you if they are an agent or representative of one or more insurers that share ownership, management or control. The statute defines "representative" broadly, as any person who offers or prepares premium quotations on behalf of an insurer or an entity acting for it.

Section 1861.16(b) then requires that agent or representative to offer, and the insurer to sell, a Good Driver Discount policy from the insurer within the group "which offers the lowest rates for that coverage." It applies notwithstanding the underwriting guidelines of any company in the group.

There are limits. Subsection (c) exempts companies in a group if the Commissioner determines they are run independently, with separate rate-making data, sales, marketing and policy service. And the rule does not reach the membership-based insurers that Insurance Code section 1861.02(b)(3) already allows to require membership.

How to ask for it

  1. Ask whoever is quoting you: "Which companies in your group could write this policy?"
  2. Then ask: "As a good driver, is this quote from the group company with the lowest rates for this coverage?"
  3. Ask for the legal name of the company on the quote, not just the brand.
  4. Keep the coverage identical when you compare. The statute's test is the lowest rates for that coverage.
  5. Write down the answer, the date and who gave it. If the declarations page later names a different company, that note is what you point to.

What to check on your declarations page

The declarations page names the company that actually issued the policy. Check that it is the company you were told about, and that the policy is a Good Driver Discount policy. If the name differs from the quote, ask why before the first renewal.

When it isn't worth it

An independent comparison sees across groups as well as within them. Request quotes and tell us you qualify as a good driver.

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More of what callers ask

Does this apply when I quote online?

The statute's representative is any person who offers or prepares premium quotations on behalf of an insurer. Whoever quotes you, ask which group company the quote is from and whether it is the lowest-rated one for that coverage.

Does the rule help if I'm not a good driver?

No. Section 1861.16(b) is written for good drivers buying a Good Driver Discount policy.

Will I lose my loyalty credit by moving to a sister company?

Not necessarily. California allows a persistency credit on a new policy for someone currently insured with the company or an affiliate. Whether that company gives one is in its plan.

Is every insurance group covered?

No. Companies the Commissioner finds are independently managed, with separate rate-making, sales, marketing and service, are exempt.